Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing.
Appears in 21 contracts
Samples: Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the ClosingClosing Date.
Appears in 18 contracts
Samples: Agreement and Plan of Merger (Lexmark International Inc /Ky/), Agreement and Plan of Merger (Zoran Corp \De\), Agreement and Plan of Merger (Aratana Therapeutics, Inc.)
Performance of Obligations. The Company Each of the Group Companies shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the ClosingClosing and shall have obtained all approvals, consents and qualifications necessary to complete the transactions contemplated hereby.
Appears in 16 contracts
Samples: Share Purchase Agreement (Kingsoft Cloud Holdings LTD), Share Purchase Agreement (Kingsoft Cloud Holdings LTD), Series D+ Preferred Share Purchase Agreement (Kingsoft Cloud Holdings LTD)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the ClosingClosing Date.
Appears in 12 contracts
Samples: Share Subscription Agreement (Merus N.V.), Stock Purchase Agreement (Cue Biopharma, Inc.), Stock Purchase Agreement (CONTRAFECT Corp)
Performance of Obligations. The Company shall have performed and complied with in all agreements, obligations and conditions material respects each of its agreements contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingEffective Time.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Rimrock Gold Corp.), Agreement and Plan of Merger (Citizens Community Bancorp Inc.), Agreement and Plan of Merger (Synovis Life Technologies Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the ClosingClosing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 8 contracts
Samples: Contribution Agreement (Cryocor Inc), Contribution Agreement (Cryocor Inc), Conversion and Common Stock Purchase Agreement (Lescarden Inc)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects its obligations and conditions contained in under this Agreement that are required to be performed or complied with by it on at or before prior to the Closing.Closing pursuant to the terms hereof;
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Leo Holdings Corp. II), Agreement and Plan of Merger (Software Acquisition Group Inc. III), Agreement and Plan of Merger (Oaktree Acquisition Corp.)
Performance of Obligations. The Company shall have performed performed, satisfied and complied with with, in all agreementsmaterial respects, obligations all covenants and conditions contained agreements set forth in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the Closing.
Appears in 8 contracts
Samples: Investment Agreement (Global Signal Inc), Investment Agreement (Fortress Investment Holdings LLC), Investment Agreement (Fortress Investment Group LLC)
Performance of Obligations. The Company Corporation shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions contained in required by this Agreement that are required to be performed or complied with by it on at or before prior to the Closing.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Trinity Capital Inc.), Agreement and Plan of Merger (Trinity Capital Inc.), Agreement and Plan of Merger (Harvest Capital Credit Corp)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the Closing.
Appears in 7 contracts
Samples: Stock Purchase and Exchange Agreement (Broadway Financial Corp \De\), Securities Purchase Agreement (Carver Bancorp Inc), Stock Purchase Agreement (Broadway Financial Corp \De\)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, obligations material respects its agreements and conditions covenants contained in this Agreement that are required to be performed or complied with by it on at or before prior to the ClosingEffective Time pursuant to the terms hereof.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Financial Engines, Inc.), Agreement and Plan of Merger (ORBCOMM Inc.), Agreement and Plan of Merger (Bankrate, Inc.)
Performance of Obligations. The Company shall have performed performed, in all material respects, all obligations and complied with all agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with with, in all material respects, by it on or before prior to the ClosingEffective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (RDE, Inc.), Agreement and Plan of Merger (RDE, Inc.), Agreement and Plan of Merger (Monarch Investment Properties, Inc.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all covenants and obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before the ClosingClosing Date.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Wesco International Inc), Agreement and Plan of Merger (Anixter International Inc), Agreement and Plan of Merger (Anixter International Inc)
Performance of Obligations. The Company shall have performed in all material respects each of its respective covenants and complied with all agreements, obligations and conditions agreements contained in this Agreement that are and required to be performed at or complied with by it on or before prior to the Closing.
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (Broadpoint Securities Group, Inc.), Stock Purchase Agreement (Broadpoint Securities Group, Inc.), Share Subscription Agreement (Ma Kevin Xiaofeng)
Performance of Obligations. The Company shall have performed and complied with or performed in all agreements, obligations material respects all of the Company’s covenants and conditions contained in this Agreement that are agreements it is required to be performed comply with or complied with by it on perform at or before prior to the ClosingClosing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Mitel Networks Corp), Agreement and Plan of Merger (Id Systems Inc), Agreement and Plan of Merger (Polycom Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in of its covenants required by this Agreement that are required to be have been performed or complied with by it on or before prior to the Closing.
Appears in 5 contracts
Samples: Agreement of Purchase and Sale (General Automation Inc), Agreement of Purchase and Sale (Saturn Electronics & Engineering Inc), Agreement of Purchase and Sale (Smartflex Systems Inc)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all of the obligations and conditions contained in under this Agreement that are required to be performed by the Company at or complied with by it on or before prior to the ClosingClosing Date.
Appears in 5 contracts
Samples: Reclassification Agreement (American Software Inc), Reclassification Agreement (Sands Richard Et Al), Reclassification Agreement (MSC Industrial Direct Co Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, agreements and obligations and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the ClosingClosing Date.
Appears in 5 contracts
Samples: H Preferred Stock Purchase Agreement (Vie Financial Group Inc), Preferred Stock Purchase Agreement (Softbank Corp), H Preferred Stock Purchase Agreement (Vie Financial Group Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are agreements required to be performed or and complied with by it hereunder on or before prior to the Closing.Closing Date;
Appears in 5 contracts
Samples: Subscription Agreement (Hanover Compression Inc), Subscription Agreement (Hanover Compression Inc), Subscription Agreement (Hanover Compression Inc)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, obligations each agreement, covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by it on the Company at or before prior to the Closing, and the Company shall have delivered to Parent a certificate, dated the Closing Date and executed on behalf of the Company by its Chairman of the Board, President or any Executive or Senior Vice President, to such effect.
Appears in 5 contracts
Samples: Voting Agreement (Tivoli Industries Inc), Agreement and Plan of Merger (Fpa Medical Management Inc), Agreement and Plan of Merger (Fpa Medical Management Inc)
Performance of Obligations. The Company shall have have, in all material respects, performed and or complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before the ClosingClosing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Stein Mart Inc), Agreement and Plan of Merger (Feldenkreis George), Agreement and Plan of Merger (Emdeon Inc.)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, obligations each agreement, covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by it on the Company at or before prior to the Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Alpnet Inc), Agreement and Plan of Merger (Alpnet Inc), Agreement and Plan of Merger (Telescan Inc)
Performance of Obligations. The Company shall have performed in all material respects all obligations and complied in all material respects with all agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with by it on or before prior to the ClosingEffective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Dell Inc), Agreement and Plan of Merger (Asta Funding Inc), Agreement and Plan of Merger (Cornerstone Therapeutics Inc)
Performance of Obligations. The Company shall have in all material respects performed and complied with all agreements, obligations and conditions contained in this Agreement that are agreements required to be performed or complied with by it under this Agreement and shall have performed in all material respects any actions contemplated by this Agreement prior to or on or before the ClosingClosing and the Company shall have complied in all material respects with the course of conduct required by this Agreement.
Appears in 4 contracts
Samples: Share Exchange Agreement (Geo Point Resources, Inc.), Share Exchange Agreement (Gulf & Orient Steamship Company, Ltd.), Share Exchange Agreement (Geo Point Technologies Inc)
Performance of Obligations. The Company Each of the Company, the Subsidiaries and the Founders shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing.
Appears in 4 contracts
Samples: Series B1 Preferred Share Subscription Agreement (Le Gaga Holdings LTD), Shareholders Agreement (Le Gaga Holdings LTD), Shareholders’ Agreement (Le Gaga Holdings LTD)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the ClosingEffective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Sandy Spring Bancorp Inc), Agreement and Plan of Merger (WashingtonFirst Bankshares, Inc.), Agreement and Plan of Merger (Sandy Spring Bancorp Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreementscovenants, obligations and conditions contained in of this Agreement that are required to be performed or and complied with by it on or before as of the Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Zygo Corp), Agreement and Plan of Reorganization (Bio Technology General Corp), Agreement and Plan of Reorganization (Virage Logic Corp)
Performance of Obligations. The Company shall have performed and or complied in all material respects with all agreements, obligations covenants and conditions contained in this Agreement that are agreements required to be performed or complied with by it on or before the ClosingCompany under this Agreement and the other Transaction Documents.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Happiness Development Group LTD), Securities Purchase Agreement (Happiness Biotech Group LTD), Securities Purchase Agreement (Color Star Technology Co., Ltd.)
Performance of Obligations. The Company shall have performed in all material respects each of its respective covenants and complied with all agreements, obligations and conditions agreements contained in this Agreement that are and each other Transaction Document and required to be performed at or complied with by it on or before prior to the Closing.
Appears in 4 contracts
Samples: Series C Convertible Preferred Shares Purchase Agreement (XINHUA SPORTS & ENTERTAINMENT LTD), Purchase Agreement (China BCT Pharmacy Group, Inc.), Purchase Agreement (China BCT Pharmacy Group, Inc.)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the ClosingClosing Date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Onconova Therapeutics, Inc.), Securities Purchase Agreement (Onconova Therapeutics, Inc.), Stock Purchase Agreement (Calithera Biosciences, Inc.)
Performance of Obligations. The Company shall have performed in all material respects all agreements and complied with all agreements, obligations and conditions contained in this Agreement that are covenants required to be performed or complied with by it on or before under this Agreement prior to the ClosingClosing Date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Electronic Control Security Inc), Securities Purchase Agreement (Infocrossing Inc), Securities Purchase Agreement (TNX Television Holdings Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it the Company on or before the Closing.
Appears in 4 contracts
Samples: Class a Common Stock Purchase Agreement (Intel Corp), Class a Common Stock Purchase Agreement (Vmware, Inc.), Common Stock Purchase Agreement (Vivakor, Inc.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are covenants required to be performed or complied with by it on under this Agreement at or before the ClosingClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ikonics Corp), Agreement and Plan of Merger (Bruush Oral Care Inc.), Agreement and Plan of Merger (Bruush Oral Care Inc.)
Performance of Obligations. The Company shall have performed in all material respects and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on prior to or before at the ClosingClosing Date.
Appears in 3 contracts
Samples: Execution Version Agreement and Plan of Merger, Agreement and Plan of Merger (Eschelon Telecom Inc), Agreement and Plan of Merger (Mpower Holding Corp)
Performance of Obligations. The Company shall have performed and complied with all agreements, of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingClosing Date, and Subscriber shall have received a certificate signed by an officer of the Company to the foregoing effect.
Appears in 3 contracts
Samples: Subscription Agreement (Lauder Ronald S), Subscription Agreement (Central European Media Enterprises LTD), Subscription Agreement (Time Warner Inc.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are herein required to be performed or complied with observed by it on or before prior to the Closing.
Appears in 3 contracts
Samples: Common Stock Purchase and Registration Rights Agreement (Curis Inc), Common Stock Purchase Agreement (Curis Inc), Common Stock Purchase Agreement (Curis Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the a Closing, or after a Closing.
Appears in 3 contracts
Samples: Amended Agreement (Elray Resources, Inc.), Stock Purchase and Investor Rights Agreement (Kraig Biocraft Laboratories, Inc), Agreement (Elray Resources, Inc.)
Performance of Obligations. The Company shall have performed in all material respects all obligations, covenants and complied with all agreements, obligations and conditions contained in this Agreement that are agreements herein required to be performed or complied with by it on or before prior to the Closing.
Appears in 3 contracts
Samples: Convertible Preferred Stock Securities Purchase Agreement (China New Energy Group CO), Convertible Preferred Stock Securities Purchase Agreement (China New Energy Group CO), Securities Purchase Agreement (China New Energy Group CO)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before the prior to such Closing.
Appears in 3 contracts
Samples: Master Collaboration Agreement (Forest Laboratories Inc), Master Collaboration Agreement (Ironwood Pharmaceuticals Inc), Master Collaboration Agreement (Ironwood Pharmaceuticals Inc)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, obligations material respects its agreements and conditions covenants contained in this Agreement that are required to be performed or complied with by it on at or before prior to the ClosingClosing pursuant to the terms hereof.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Providence Equity Partners VI L P), Agreement and Plan of Merger (BWAY Holding CO), Agreement and Plan of Merger (Sra International Inc)
Performance of Obligations. The Company shall have performed and complied with in all agreements, obligations material respects all covenants and conditions contained in this Agreement that are agreements required to be performed or complied with by it on under this Agreement and the Real Estate Purchase Agreement (including Section 2.3 thereof) at or before prior to the ClosingClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Icahn Enterprises Holdings L.P.), Agreement and Plan of Merger (Gaming & Leisure Properties, Inc.), Agreement and Plan of Merger (Eldorado Resorts, Inc.)
Performance of Obligations. The Company Each of the Group Companies shall have performed and complied with all agreements, obligations and conditions contained in this Agreement the Transaction Agreements that are required to be performed or complied with by it on or before the Closing.
Appears in 2 contracts
Samples: Share Subscription Agreement (JA Solar Holdings Co., Ltd.), Share Subscription Agreement (JA Solar Holdings Co., Ltd.)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingFirst Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sonida Senior Living, Inc.), Securities Purchase Agreement (Levinson Sam)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, obligations material respects all agreements and conditions contained in this Agreement that are covenants required to be performed or complied with by it on under this Agreement or before any other Transaction Document at or prior to the Initial Investment Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Distributed Energy Systems Corp), Securities Purchase Agreement (Perseus Partners Vii L P)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the Initial Closing.
Appears in 2 contracts
Samples: Collaborative Research Agreement (Codexis Inc), Collaborative Research Agreement (Codexis Inc)
Performance of Obligations. The Company shall have performed performed, fulfilled or complied with, in all material respects, all of its obligations, covenants and complied with all agreements, obligations and conditions agreements contained in this Agreement that are required and in any Ancillary Agreement to be performed fulfilled or complied with by it on them at or before prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Amending Agreement (Modern Mining Technology Corp.), Merger Agreement and Plan of Reorganization
Performance of Obligations. The Company shall have performed and complied with in all agreements, obligations and conditions material respects each of its agreements contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingEffective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hf Financial Corp), Agreement and Plan of Merger (Great Western Bancorp, Inc.)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the Closingdate of each Equity Draw.
Appears in 2 contracts
Samples: Equity Commitment Agreement (Conversant GP Holdings LLC), Equity Commitment Agreement (Sonida Senior Living, Inc.)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreementsthe obligations, obligations covenants and conditions contained in this Agreement that are agreements required to be performed or complied with by it on under this Agreement at or before prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (U.S. Concrete, Inc.), Agreement and Plan of Merger (Ca, Inc.)
Performance of Obligations. The Company shall have in all material respects performed and complied with all agreementscovenants, obligations undertakings, obligations, agreements and conditions contained in this Agreement that are required to be performed or complied with by it on at or before the ClosingEffective Time pursuant to the terms of the Transaction Documents.
Appears in 2 contracts
Samples: Arrangement Agreement (Acorn Energy, Inc.), Arrangement Agreement (Acorn Energy, Inc.)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are required to be performed or complied with by it under this Agreement on or before the ClosingClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Inteliquent, Inc.)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the Closingapplicable Closing Date, and Investor shall have received a certificate signed by an officer of the Company to the foregoing effect.
Appears in 2 contracts
Samples: Standby Purchase Agreement (CME Media Enterprises B.V.), Standby Purchase Agreement (Central European Media Enterprises LTD)
Performance of Obligations. The Company shall have performed and or complied in all material respects with all agreements, its obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the Series A Repurchase Closing.
Appears in 2 contracts
Samples: Transaction Agreement (Garrett Motion Inc.), Transaction Agreement (Garrett Motion Inc.)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing.such Loan Closing Date (other than such agreements, obligations and conditions with which performance was expressly waived in writing by BSC);
Appears in 2 contracts
Samples: Loan Agreement (Mri Interventions, Inc.), Loan Agreement (Surgivision Inc)
Performance of Obligations. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement the Transaction Documents that are required to be performed or complied with by it on at or before the ClosingClosing in all material respects.
Appears in 2 contracts
Samples: Share Purchase Agreement (OneSmart International Education Group LTD), Share Purchase Agreement (OneSmart International Education Group LTD)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in (i) this Agreement that are required to be performed or complied with by it on or before prior to the Closingapplicable Closing Date and (ii) the Promissory Note, and Investors shall have received a certificate signed by an officer of the Company to the foregoing effect.
Appears in 2 contracts
Samples: Investment Agreement (Capital Senior Living Corp), Investment Agreement (Capital Senior Living Corp)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects each of its obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Peak Resorts Inc), Agreement and Plan of Merger (Vail Resorts Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before the Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Telik Inc), Common Stock Purchase Agreement (Neuropathix, Inc.)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement in all material respects that are required to be performed or complied with by it on or before the ClosingInitial Closing Date or the relevant Subsequent Closing Date, as the case may be.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Palatin Technologies Inc), Securities Purchase Agreement (King Pharmaceuticals Inc)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, obligations material respects all agreements and conditions contained in this Agreement that are covenants required to be performed or complied with by it on under this Agreement and each other Transaction Document at or before prior to the Subsequent Investment Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Perseus Partners Vii L P), Securities Purchase Agreement (Distributed Energy Systems Corp)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the ClosingInitial Closing Date or such Subsequent Closing Date, as applicable.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Selecta Biosciences Inc), License and Option Agreement (Spark Therapeutics, Inc.)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreementsthe terms, obligations covenants and conditions contained in of this Agreement that are required to be performed or complied with and performed by it the Company on or before prior to the ClosingClosing Date, and will have made all of the deliveries required to have been made hereunder by the Company on or prior to the Closing Date.
Appears in 2 contracts
Samples: Agreement (HowStuffWorks, Inc.), And (Howstuffworks Inc)
Performance of Obligations. The Company and the Shareholders shall have performed and or complied with in all agreements, obligations material respects all covenants and conditions contained in this Agreement that are agreements required to be performed or complied with by it the Company and the Shareholders under this Agreement on or before prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Proficient Auto Logistics, Inc), Contribution Agreement (Proficient Auto Logistics, Inc)
Performance of Obligations. The Company shall have performed in all material respects each of its respective covenants and complied with all agreements, obligations and conditions agreements contained in this Agreement that are or the Registration Rights Agreement and required to be performed at or complied with by it on or before prior to the Closing.
Appears in 2 contracts
Samples: Investment Agreement (First Albany Companies Inc), Investment Agreement (Gleacher & Company, Inc.)
Performance of Obligations. The Company shall have performed or complied with, in each case in all material respects, all agreements and complied with all agreements, obligations and conditions contained in this Agreement that are covenants required to be performed or complied with by it on under this Agreement at or before prior to the applicable Closing.
Appears in 2 contracts
Samples: Investment Agreement (Westport Innovations Inc), Investment Agreement (Westport Innovations Inc)
Performance of Obligations. The Company shall have performed in all material respects all agreements and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it under this agreement on or before the ClosingClosing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Network Event Theater Inc), Stock Purchase Agreement (Network Event Theater Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required or contemplated to be performed or complied with by it on or before the Closing.
Appears in 2 contracts
Samples: Preference Shares Subscription Agreement (Cloudary Corp.), Preference Shares Subscription Agreement (Cloudary Corp.)
Performance of Obligations. The Company shall have performed in all material respects all obligations and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are required covenants of the Company to be performed or and complied with by it on or before the Closingunder this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Public Service Enterprise Group Inc), Agreement and Plan of Merger (Exelon Corp)
Performance of Obligations. The Company shall have performed performed, or complied with, in all material respects each of its covenants and complied with all agreements, obligations and conditions agreements contained in this Agreement that are required to be performed or complied with by it on at or before prior to the ClosingEffective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Illinois Tool Works Inc), Agreement and Plan of Merger (CFC International Inc)
Performance of Obligations. The Company shall have has performed and or complied with in all agreements, obligations material respects all agreements and conditions contained in this Agreement that are covenants required to be performed or complied with by it on under this Agreement or before any other Transaction Document, as amended, at or prior to the Additional Investment Closing.
Appears in 2 contracts
Samples: Purchase Agreement, Company Security And (Distributed Energy Systems Corp), Purchase Agreement, Company Security and Pledge Agreement (Perseus Partners Vii L P)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing.Initial Closing Date;
Appears in 2 contracts
Samples: Loan Agreement (Mri Interventions, Inc.), Loan Agreement (Surgivision Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations covenants and conditions contained in this Agreement that are agreements required to be performed or complied with by it on under this Agreement at or before prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Railcar Industries, Inc.), Agreement and Plan of Merger (Icahn Enterprises Holdings L.P.)
Performance of Obligations. The Company and the Subsidiaries shall have performed and complied with all agreements, obligations and conditions contained in this Agreement and the Transaction Agreements that are required to be performed or complied with by it on or before the Closing and shall have obtained all Consents necessary to complete the purchase and sale described herein and for consummation of the other transactions contemplated by this Agreement and the Transaction Agreements that are required to be obtained prior to the Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Clearwire Corp), Common Stock Purchase Agreement (Clearwire Corp)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingSecond Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Levinson Sam), Securities Purchase Agreement (Sonida Senior Living, Inc.)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before prior to the Closing.
Appears in 2 contracts
Samples: License Agreement (Ironwood Pharmaceuticals Inc), License Agreement (Ironwood Pharmaceuticals Inc)
Performance of Obligations. The Company shall have performed and complied with fulfilled in all agreements, material respects all its obligations and conditions contained in under this Agreement that are required to be performed or complied with by it have been fulfilled on or before the ClosingClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (WCI Communities, Inc.), Agreement and Plan of Merger (Lennar Corp /New/)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, obligations each agreement, covenant and conditions contained in obligation required by this Agreement that are required and all other Transaction Documents to which it is a party to be so performed or complied with by it on the Company at or before prior to the Closing, and the Company shall have delivered to MM a certificate, dated the Closing Date and executed in the name and on behalf of the Company by its Chairman of the Board or President, to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cover All Technologies Inc), Agreement and Plan of Merger (Majesco)
Performance of Obligations. The Company shall have performed performed, satisfied and complied with all agreementscovenants, obligations agreements and conditions contained in required by this Agreement that are required to be performed performed, satisfied or complied with by it on or before the ClosingClosing Date, and officers of the Company shall have certified to such effect to the Purchaser in writing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Pharmaceutical Resources Inc), Stock Purchase Agreement (Merck Kgaa /Fi)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before each Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Closingpurchases and sales described herein.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Virtual Mortgage Network Inc)
Performance of Obligations. The Company shall have performed -------------------------- and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing, with respect to the issuance and sale of the Shares; and the Company shall have obtained all approvals, consents and qualifications necessary to complete the purchases and sales described herein.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Sohu Com Inc)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are and the Preemptive Rights Side Letter required to be performed or complied with by it on or before prior to the Closingapplicable Closing Date, and Investor shall have received a certificate signed by an officer of the Company to the foregoing effect.
Appears in 1 contract
Samples: Letter Agreement (Central European Media Enterprises LTD)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are required herein to be performed or complied with by it on or before the Company prior to the Closing.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Onyx Software Corp/Wa)
Performance of Obligations. The Company shall have performed and -------------------------- complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the ClosingClosing and the Company shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement (considered collectively), and each agreement, obligation and conditions contained in this Agreement (considered collectively), that are required to be performed or complied with by it on or before the ClosingClosing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations its covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by it on prior to or before at the ClosingClosing in all material respects.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Pzena Investment Management, Inc.)
Performance of Obligations. The Company shall have performed or complied with, in all material respects, its agreements and complied with all agreements, obligations and conditions covenants contained in this Agreement that are required to be performed or complied with by it on at or before prior to the ClosingEffective Time pursuant to the terms hereof.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Global Brass & Copper Holdings, Inc.)
Performance of Obligations. The Company and each Shareholder shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in of this Agreement that are required to be performed or and complied with by it on or before as of the Closing.
Appears in 1 contract
Samples: Share Purchase Agreement (Cohu Inc)
Performance of Obligations. The Company shall have performed and complied with all agreementscovenants, obligations and conditions contained in of this Agreement that are required to be performed or and complied with by it on or before as of the Closing.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in of this Agreement that are required to be performed or and complied with by it on or before as of the Closing.. (c)
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement and the other Transaction Agreements that are required to be performed or complied with by it on or before the Closing.
Appears in 1 contract
Samples: Series C Preferred Share Subscription Agreement (Xunlei LTD)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before prior to the Subsequent Closing.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Genta Incorporated /De/)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on prior to or before at the Closing.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the ClosingInitial Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are and the Side Letter required to be performed or complied with by it on or before prior to the ClosingSubscription Closing Date, and Investor shall have received a certificate signed by an officer of the Company to the foregoing effect.
Appears in 1 contract
Samples: Subscription and Equity Commitment Agreement (Central European Media Enterprises LTD)
Performance of Obligations. The Company shall have performed and -------------------------- complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before and shall have obtained all approvals, consents and qualifications necessary to complete the Closingpurchase and sale described herein.
Appears in 1 contract
Performance of Obligations. The Each Company shall have performed and or complied with all agreements, obligations and conditions contained in this Agreement that are covenants required to be performed or complied with by it under this Agreement and the Related Documents on or before as of the ClosingClosing Date.
Appears in 1 contract
Samples: Asset and Share Purchase Agreement (Trinity Biotech PLC)
Performance of Obligations. The Company shall have performed in all -------------------------- material respects and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the ClosingClosing and shall have obtained all approvals, consents, waivers and qualifications necessary to complete the purchase and sale described herein.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Network Access Solutions Corp)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects its obligations and conditions contained in under this Agreement that are required to be performed or complied with by it on at or before prior to the ClosingMerger Closing pursuant to the terms hereof.
Appears in 1 contract
Samples: Business Transaction Agreement (Modern Media Acquisition Corp.)
Performance of Obligations. The Company Companies shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before prior to such Closing and a certificate duly executed by an officer of each of the ClosingCompanies, to the effect of the foregoing, shall be delivered to each Purchaser.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Amicus Therapeutics Inc)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Warner Music Group Corp.)
